SJR2: Joint Resolution Text

2011 - 2012 LEGISLATURE

2011 Senate JOINT RESOLUTION 2

January 4, 2011 - Introduced by Senators S. Fitzgerald and Ellis, cosponsored by Representatives J. Fitzgerald and Suder. Referred to Committee on Senate Organization.

SJR2,2,10 To repeal joint rule 51 (4), joint rule 73 (5), joint rule 83 (2), joint rule 87 (3) (a) and joint rule 99 (58); to renumber joint rule 7 (intro.), joint rule 7 (4) (b), joint rule 45 (1) (a), joint rule 57 (2) (intro.) and joint rule 57 (2) (a); to renumber and amend joint rule 7 (1), joint rule 7 (4) (c), joint rule 12 (2) (intro.), joint rule 12 (2) (a), joint rule 77 (7) to (9), joint rule 82 (intro.) and joint rule 82 (1); to amend joint rule 2, joint rule 3 (1) (a), joint rule 3 (1) (c), joint rule 7 (3), joint rule 11 (2) (intro.), joint rule 12 (2) (f), joint rule 13, joint rule 14 (3), joint rule chapter 3 (title), joint rule 21, joint rule 22, joint rule 23 (2), joint rule 27, joint rule 31 (1) (intro.), joint rule 31 (1) (d), joint rule 31 (4), joint rule 32 (1) (b), joint rule 32 (1) (e), joint rule 32 (1) (f), joint rule 33 (1), joint rule 34, joint rule 41 (3) (b), joint rule 43, joint rule 44 (2), joint rule 48 (title), (1), (2) and (4), joint rule 51 (intro.) and (2), joint rule 52 (intro.) and (1) (c) and (e), joint rule 52 (5) (intro.), (a) and (b), joint rule 53 (1) and (2) (a), joint rule 54 (1), (2) and (2m) (a), joint rule 55 (1), joint rule 59, joint rule 60 (2), joint rule 62 (1), joint rule 64 (1) (a) and (2), joint rule 73 (1) to (4), joint rule 74, joint rule 76 (1), joint rule 77 (3) and (4), joint rule 78, joint rule 79 (intro.), (1), (4) and (6), joint rule 81 (1), (2) (b), (3) (intro.) and (b) and (4), joint rule 81m (2) (intro.) and (b), joint rule 82 (2) (a), joint rule 82 (2) (b), joint rule 83 (1), joint rule 83 (3), joint rule 83 (4) (a), joint rule 83 (5), joint rule 84 (intro.) and (4), joint rule 87 (intro.), joint rule 87 (3) (intro.), joint rule 87 (3) (b), joint rule 96, joint rule 98 (3) and joint rule 99 (intro.), (3), (4), (5), (14), (16), (27m), (28), (36), (38), (40), (50), (50m), (54), (59), (63), (66), (71), (75), (82), (83) and (89); to repeal and recreate joint rule 75 and joint rule 87 (3) (c); and to create joint rule 23 (3) and (4), joint rule 32 (1) (j), joint rule 51m, joint rule 77 (8) and joint rule 82 (1m) (g); relating to: the joint rules.

Analysis by the Legislative Reference Bureau

This joint resolution makes numerous technical and stylistic changes to the joint rules, as well as makes changes to clarify the meaning of certain joint rules. There are some changes to the joint rules, however, that are substantive. These changes include all of the following:

1. The resolution provides that three-fourths of all the members elected to both houses are necessary to approve any bill to grant increased retirement fund benefits under section 26 of article IV of the constitution. Current joint rules provide that three-fourths of all the members elected to each house are necessary. This change is made to conform with a recent Supreme Court decision on section 26 of article IV of the constitution.

2. The resolution eliminates a requirement that meetings of joint committees must be chaired by the cochairperson from the house that referred the business to the committee. Instead, the resolution provides that, unless otherwise provided by both cochairpersons of a joint committee, any meeting of a joint committee must be chaired by the cochairperson from the house that referred the business to the committee.

3. The resolution eliminates a requirement that a duplicate committee record must be filed with the Legislative Reference Bureau (LRB).

4. The resolution permits the chief clerk of each house to include any appropriate information in the history file of a legislative proposal.

5. The resolution amends the definition of "rules of procedure" to be "rules of proceedings" and provides that these are legislative rules that govern legislative operations and the conduct of legislative business and are found in the following sources: the state constitution; the joint rules, senate rules, and assembly rules; custom, usage, and precedent in each house; the statutes; and parliamentary law.

6. The resolution permits the LRB, if time permits, to prepare in plain language an analysis of a substitute amendment, to be reproduced with the substitute amendment when it is offered.

7. The resolution requires the chief clerk of each house to publish, on a daily basis on the legislature's committee Internet Web site, a committee schedule containing the name of each committee, its chairperson, the room number or place, and the time and date of each meeting scheduled; and to designate each proposal, appointment, or administrative rule to be heard by number or name, author, and topic.

8. The resolution authorizes the committee on assembly organization to designate a committee work day for assembly advice and consent on nominations for appointment. Currently, the committee on senate organization does this for the senate.

9. The resolution provides that citations may be printed in either 8-1/2 inch by 11 inch form or 8 inch by 14 inch form, but must be limited to a single page. Currently, citations must be printed in 8-1/2 inch by 11 inch form.

10. The resolution requires the Joint Committee on Legislative Organization (JCLO) to adopt a policy for the preservation of historically significant legislative records that are maintained by the chief clerks of the two houses.

11. The resolution requires the chief clerk of each house to prepare the bound copy of the journal within 90 days after the final adjournment of any biennial session of the legislature. Currently, this must be done within 60 days.

12. The resolution provides that during any extended floorperiod or extraordinary session, a house may give its advise and consent on nominations for appointment.

13. The resolution provides that, unless otherwise provided by the committee on senate organization or the assembly committee on rules, any vetoes of regular or special session bills not previously on a calendar in the house of origin must be shown as pending business on the calendar for the veto review session's first day. Currently, any vetoes of regular or special session bills not previously on a calendar in the house of origin must be shown as pending business on the calendar for the veto review session's first day.

14. Finally, the resolution requires JCLO to adopt a continuity of operations plan for the purpose of meeting at a temporary seat of government to conduct legislative business during a disaster or the imminent threat of a disaster if it is imprudent, inexpedient, or impossible to conduct legislative business at the state capitol.

SJR2,3,1 Resolved by the senate, the assembly concurring, That:

SJR2, s. 1 Section 1. Joint rule 2 is amended to read:

SJR2,4,7 Joint Rule 2. Receding from position on amendment. Whenever an amendment has been nonconcurred in by the other house, any member may move to recede from the amendment. If the motion prevails the amendment shall is thereby be reconsidered and rejected and the bill or joint resolution or amendment to which the amendment had been adopted by the house shall is thereby be passed or concurred in, as the case may be, so that further action is not required thereon in either house.

SJR2, s. 2 Section 2. Joint rule 3 (1) (a) is amended to read:

SJR2,4,16 Joint Rule 3 (1) (a) The usual manner of procedure is as follows: If a bill or joint resolution of one house has been amended and passed by the other house, and has been returned to the house of origin and the house of origin has refused to concur in an amendment, the house of origin may appoint members to a committee of conference and notify the other house, which shall appoint a members to the committee of conference unless it votes to recede from its amendment. Such committees The members of the committee shall be appointed as provided in the rules of each house.

SJR2,4,21 (am) The joint members of the committee shall meet and state to each other, orally or in writing, the reasons of their respective houses for or against the disagreement, and confer thereon, and shall report to their respective houses any agreement they arrive at by the vote of at least a majority of the members of the committee representing each house.

SJR2, s. 3 Section 3. Joint rule 3 (1) (c) is amended to read:

SJR2,5,2 Joint Rule 3 (1) (c) Approval of the conference report by a roll call vote in each house sufficient to constitute final passage of the proposal shall be is final passage of the bill or final adoption and concurrence in the joint resolution in the form and with the changes proposed by the report.

SJR2, s. 4 Section 4. Joint rule 7 (intro.) is renumbered joint rule 7 (1).

SJR2, s. 5 Section 5. Joint rule 7 (1) is renumbered joint rule 7 (1m) and amended to read:

SJR2,5,11 Joint Rule 7 (1m) Citations may be used in place of resolutions for commendations, congratulations, or condolences to past or present state officials or other public figures, groups, or organizations, or to give recognition to an important event or occasion. Citations may not be used for procedural matters or in place of resolutions memorializing the U.S. Congress, but only if appropriate to express the feeling of one house or of both houses of the legislature with reference to a person, group, or organization or to an event or occasion.

SJR2, s. 6 Section 6. Joint rule 7 (3) is amended to read:

SJR2,5,16 Joint Rule 7 (3) Each house shall establish a procedure for reviewing each proposed citation, whether originating in that house or received from the other house with the request for concurrence, for its appropriateness under compliance with subs. (1), (1m), and (2).

SJR2, s. 7 Section 7. Joint rule 7 (4) (b) is renumbered joint rule 7 (4) (a).

SJR2, s. 8 Section 8. Joint rule 7 (4) (c) is renumbered joint rule 7 (4) (b) and amended to read:

SJR2,5,23 Joint Rule 7 (4) (b) Because a A citation is to shall be presented on either an 8-1/2 inch by 11 inch or an 8 inch by 14 inch form, artistically designed and suitable for framing, and the full text of the citation shall may not exceed 15 typewritten lines of 70 characters each a single page.

SJR2, s. 9 Section 9. Joint rule 11 (2) (intro.) is amended to read:

SJR2,6,4 Joint Rule 11 (2) (intro.) Three-fifths of the members elected is the quorum necessary for passage (or concurrence) or concurrence in either house of any "fiscal bill" under section 8 of article VIII of the constitution. The votes shall be taken by ayes and noes and shall be so recorded in the journal. A " fiscal bill" is any bill which:

SJR2, s. 10 Section 10. Joint rule 12 (2) (intro.) is renumbered joint rule 12 (2) (a) and amended to read:

SJR2,6,10 Joint Rule 12 (2) (a) As required by the state constitution, each of the following bills or actions under pars. (am) to (g) requires such higher affirmative vote total for passage (or concurrence) in either house. The vote shall be is taken by ayes and noes and shall be so recorded in the journal.

SJR2, s. 11 Section 11. Joint rule 12 (2) (a) is renumbered joint rule 12 (2) (am) and amended to read:

SJR2,6,15 Joint Rule 12 (2) (am) Three-fourths of all the members elected to each house both houses are necessary to approve any bill to grant increased retirement fund benefits under section 26 of article IV of the constitution.

SJR2, s. 12 Section 12. Joint rule 12 (2) (f) is amended to read:

SJR2,6,21 Joint Rule 12 (2) (f) A majority of all the members elected to each house is necessary to authorize state debt for extraordinary expenditures under section 6, or to authorize bonded indebtedness under section 7 of article VIII, or to give first or second consideration approval to any proposed amendment to the state constitutional change constitution under section 1 of article XII of the constitution.

SJR2, s. 13 Section 13. Joint rule 13 is amended to read:

SJR2,7,2 Joint Rule 13. Adjournment for more than 3 days. As provided by section 10 of article IV of the constitution, neither house shall, without the consent of the other house through approval of a joint resolution by both houses, during any session of the legislature adjourn for any period of more than 3 consecutive days (Sundays excepted).

SJR2, s. 14 Section 14. Joint rule 14 (3) is amended to read:

SJR2,7,9 Joint Rule 14 (3) For any legislative document originating in one house of the legislature and to be reproduced for both houses of the legislature, the joint committee on legislative organization shall may determine the number of copies routinely to be reproduced unless otherwise provided by law, joint rule, or resolution but the chief clerks of the senate and assembly, acting jointly, may authorize the reproduction of additional copies if warranted by the anticipated requests.

SJR2, s. 15 Section 15. Joint rule chapter 3 (title) is amended to read:

SJR2,7,12 Chapter 3: JOINT COMMITTEE ACTIVITIES

SJR2, s. 16 Section 16. Joint rule 21 is amended to read:

SJR2,7,25 Joint Rule 21. Joint hearings of standing committees. The chairpersons of corresponding committees of both houses or committees having corresponding proposals referred to them shall arrange joint hearings of their committees to consider the proposals if, in their judgment, the business of the legislature and the convenience of the members and the public, who are interested in the proposals, will be promoted thereby. The proposals to be considered, the time and place of the hearings, who presides at the hearings, and any other matters convenient to the hearings may be agreed upon by the chairpersons. Joint hearings may also be arranged to consider a proposal introduced or offered in only one house which will require consideration in both houses. The joint hearings shall take the place of separate hearings, and shall be are final unless the house where in which the proposal is pending orders a further hearing before its own committee.

SJR2, s. 17 Section 17. Joint rule 22 is amended to read:

SJR2,8,6 Joint Rule 22. Cochairpersons of joint committees. All standing or special joint committees shall have a senate and an assembly cochairperson. Any Unless otherwise provided by both cochairpersons, a meeting of a joint committee shall be chaired by the cochairperson from the house that referred the business then before the joint committee.

SJR2, s. 18 Section 18. Joint rule 23 (2) is amended to read:

SJR2,8,12 Joint Rule 23 (2) The committee shall have has the powers and responsibilities conferred upon it by statute or by the joint rules and may take appropriate action thereunder. The committee shall recommend to the houses any action it considers likely to more closely coordinate the work of the 2 houses or to save expenses or increase the efficiency of the legislature.

SJR2, s. 19 Section 19. Joint rule 23 (3) and (4) are created to read:

SJR2,8,16 Joint Rule 23 (3) The committee shall adopt a policy for the preservation of historically significant electronic records of legislative business that are maintained by the chief clerks of the 2 houses.

SJR2,8,19 (4) The committee shall adopt a continuity of operations plan for the purpose of meeting at a temporary seat of government to conduct legislative business as provided under section 323.51 (1m) of the statutes.

SJR2, s. 20 Section 20. Joint rule 27 is amended to read:

SJR2,8,25 Joint Rule 27. Committee hearings open to public. Unless otherwise provided by law, every committee hearing, executive session, or other meeting shall be is open to the public. If time permits, advance notice of every regularly scheduled committee hearing, executive session, or other meeting shall be published as provided in joint rule 75.

SJR2, s. 21 Section 21. Joint rule 31 (1) (intro.) is amended to read:

SJR2,9,4 Joint Rule 31 (1) (intro.) The chairperson or acting chairperson of each committee of the legislature shall keep, or cause to be kept, a record of the committee's proceedings containing the following information:

SJR2, s. 22 Section 22. Joint rule 31 (1) (d) is amended to read:

SJR2,9,7 Joint Rule 31 (1) (d) The vote of each member on all motions, proposals, amendments, appointments, or administrative rules acted upon.

SJR2, s. 23 Section 23. Joint rule 31 (4) is amended to read:

SJR2,9,15 Joint Rule 31 (4) The committee shall file, in the jacket envelope of every proposal, appointment, or administrative rule reported by it, the original record of the committee's proceedings containing the information compiled under sub. (1) for the proposal, appointment, or administrative rule. A duplicate of the record shall be filed by the chief clerk in the form most accessible for the use of the members and the public during the session. At the end of the biennial session the duplicates shall be filed in the legislative reference bureau.

SJR2, s. 24 Section 24. Joint rule 32 (1) (b) is amended to read:

SJR2,9,18 Joint Rule 32 (1) (b) The name of the member, members, or committee introducing or offering the proposal.

SJR2, s. 25 Section 25. Joint rule 32 (1) (e) is amended to read:

SJR2,9,21 Joint Rule 32 (1) (e) If appropriate, the actual date on which a fiscal estimate is received.

SJR2, s. 26 Section 26. Joint rule 32 (1) (f) is amended to read:

SJR2,9,23 Joint Rule 32 (1) (f) The actual date of each public hearing.

SJR2, s. 27 Section 27. Joint rule 32 (1) (j) is created to read:

SJR2,10,2 Joint Rule 32 (1) (j) Any other appropriate information, as determined by the chief clerk.

SJR2, s. 28 Section 28. Joint rule 33 (1) is amended to read:

SJR2,10,8 Joint Rule 33 (1) The chief clerk of each house shall keep a book in which the chief clerk enters the date on which any enrolled bill, originating in that house, is submitted presented to the governor for approval. The chief clerk's entry shall show the number of the bill, and shall be countersigned by an employee of the office of the governor.

SJR2, s. 29 Section 29. Joint rule 34 is amended to read:

SJR2,10,14 Joint Rule 34. Submittal Presentment of enrolled bills to governor. After an enrolled bill has been signed by the appropriate officer or officers certifying to its passage, it shall be presented, as provided in the session schedule or by other legislative rule, by the chief clerk of the house in which it originated to the office of the governor for approval.

SJR2, s. 30 Section 30. Joint rule 41 (3) (b) is amended to read:

SJR2,11,4 Joint Rule 41 (3) (b) Upon a request of a bill's primary author, transmitted electronically unless directed otherwise by the presiding officer, the presiding officer of either house may transmit electronically a request through the department of administration for an appropriate state agency to prepare a supplemental fiscal estimate on any bill, or on a bill as affected by any proposed amendment or proposed substitute amendment, if the presiding officer believes that the fiscal estimate on the bill, or on the bill as affected by the proposed amendment, would be substantially different from the fiscal estimate on the original bill. Unless otherwise determined by the house in which the bill may be placed on the calendar, failure to receive a supplemental fiscal estimate requested under this paragraph on a bill that already has one or more original fiscal estimates shall does not delay consideration of the bill. A supplemental fiscal estimate prepared under this paragraph shall be transmitted electronically to the legislative reference bureau for reproduction and insertion in the bill jacket envelope.

SJR2, s. 31 Section 31. Joint rule 43 is amended to read:

SJR2,11,11 Joint Rule 43. Reliable dollar estimate. The estimate shall be factual in nature, and shall provide as reliable a dollar estimate as possible. The fiscal estimate shall contain a statement setting forth the assumptions used in arriving at the dollar estimate. Identification of technical or policy problems in the bill shall may not be included in the estimate but should shall be transmitted electronically and separately in a technical memorandum.